Garden Suite Rules Ontario
— Bill 23, Plain English
Bill 23 changed Ontario’s planning law fundamentally. On serviced urban lots, homeowners can now build a garden suite without applying for rezoning. Municipalities cannot prohibit it. Development charges are exempt for the second and third units. But as-of-right is not the same as no-rules-apply — and rural lots work differently. Here is exactly what changed and what didn’t.
Bill 23 is the provincial floor. Every municipality still sets its own setbacks, height limits, and lot coverage rules. As-of-right means no rezoning — it does not mean no rules.
Since Bill 23, most serviced urban lots in Ontario can have up to three units, including one detached garden suite, without rezoning, and towns cannot prohibit it. Size, height, setbacks and fire access still come from your town’s zoning by-law, and rural lots on well and septic follow different rules. Check your town before you design.
The Planning Law Landscape
Before and After Bill 23
Understanding what Bill 23 changed requires understanding what homeowners faced before it — a planning system that effectively made garden suites impractical for most Ontario lots.
Garden Suites Required Approval at Every Turn
As-of-Right on Serviced Urban Lots
The Definitions That Drive
Garden Suite Eligibility in Ontario
Three defined terms in the Planning Act determine whether Bill 23’s as-of-right framework applies to your property. Get these right before assuming anything about your lot’s eligibility.
Parcel of Urban Residential Land
The pivotal definition created by Bill 23. A lot qualifies as a parcel of urban residential land when it meets all three conditions simultaneously: it is located within a settlement area (i.e., an established community, not open countryside); residential use is permitted by the applicable zoning bylaw; and it is served by both municipal sewer works and municipal drinking water systems. All three conditions must be met. A lot with a private well and septic system does not qualify as a parcel of urban residential land — even if it’s inside a settlement boundary.
As-of-Right
As-of-right means a use is permitted by the existing zoning framework without requiring a rezoning application or minor variance. You are entitled to the use — you do not have to ask for it. In the garden suite context, as-of-right means you apply for a building permit and proceed directly. The municipality reviews your application against OBC compliance and dimensional standards (setbacks, height, coverage), but it cannot deny your application on the grounds that garden suites are not permitted in your zone. What as-of-right does not mean: that dimensional standards disappear, that you can build anything, or that no rules apply. Provincial permission is the floor; municipal zoning controls the specifics.
Additional Residential Unit (ARU)
The provincial umbrella term for any self-contained residential unit added to a property with an existing dwelling. Includes: basement apartments (in the main house), in-law suites (in the main house), and garden suites (detached structures on the same lot). Bill 23 uses the ARU terminology throughout the Planning Act and Development Charges Act amendments. Your municipality’s bylaw may use “second unit,” “accessory dwelling unit,” “garden suite,” “DADU,” or other terms — they all refer to the ARU concept. A garden suite is specifically a detached ARU in an accessory structure on the same lot as the primary dwelling, as distinct from an attached or internal ARU. More on ADU terminology →
What Municipalities Can and Cannot Do
After Bill 23
Bill 23 drew a clearer line between what the province controls and what municipalities control. Understanding both sides of this boundary tells you what your municipality can legitimately require and what it cannot.
Municipalities Cannot Do These Things
Prohibit garden suites outright. Official plan policies and zoning bylaw provisions that ban garden suites on parcels of urban residential land are deemed to be of no effect. The municipality cannot say no to the use itself.
Require rezoning before a building permit. As-of-right means the use is permitted. There is no zoning amendment application, no public meeting for a rezoning, no Committee of Adjustment process required just to get to the permit stage.
Impose municipal development charges on the 2nd and 3rd units. The Development Charges Act amendments exempt these units from municipal DCs. No municipal parkland dedication, cash-in-lieu, or Community Benefit Charge applies to the garden suite.
Set minimum unit sizes for ARUs. If you want to build a 380 sq ft garden suite, the municipality cannot say “we require a minimum 550 sq ft.” The OBC establishes minimum habitable space; the municipality cannot add more on top.
Require more than one parking space per unit. The municipality is capped at a maximum of 1 parking space per residential unit for the 3 units permitted on the lot. They cannot require 2 spaces per unit or deny a permit because of parking non-compliance beyond this cap.
Apply site plan control to garden suites. The site plan control process — an additional design review layer — has been removed for ARUs and for the principal residence. You do not need a separate site plan approval before applying for a building permit.
Municipalities Can Still Control These Things
Setback requirements. How close the garden suite can be to rear and side lot lines, and to the main house. These vary by municipality — from 0.6m rear setbacks in some jurisdictions to 1.5m or more in others. The municipality sets these through its zoning bylaw.
Maximum height. Most Simcoe County municipalities set maximum heights for garden suites — typically in the 4.5m–7.5m range. A two-storey garden suite may or may not be permitted depending on your specific municipality’s rules.
Maximum lot coverage. The percentage of the lot that can be covered by buildings. Adding a garden suite counts toward lot coverage. If your main house already covers much of the buildable area, the coverage limit may constrain where and how large the suite can be.
Design guidelines (health, safety, sustainability exceptions). While exterior aesthetic design was removed from site plan control, municipalities can still regulate design for purposes of health, safety, accessibility, sustainable design, or the protection of adjoining lands.
Servicing capacity. If municipal water or sewer infrastructure is at capacity in a specific area, the municipality may have legitimate servicing-based grounds for limitations. This is an infrastructure constraint, not a planning preference.
OBC fire access compliance. The fire access path requirement — 45m maximum travel distance, 1.0m wide, 2.1m clearance, all-weather surface — is set by the Ontario Building Code (provincial), not the municipality. But the municipality enforces it through the building permit review. It cannot be waived by the municipality or by a minor variance. Permit guide →
Development Charge Exemptions —
What’s Actually Exempt and What Isn’t
The development charge exemption for garden suites and second units is one of Bill 23’s biggest practical benefits — but it is not a complete elimination of all charges. The layer structure matters.
DC Status by Charge Type — Simcoe County Garden Suite
How to Think About the DC Exemption
The Bill 23 DC exemption applies specifically to municipal development charges for the 2nd and 3rd units on a residential lot. It does not automatically exempt the County of Simcoe levy or education development charges — these are separate charge layers with their own rules.
In Barrie, the city has gone further than Bill 23’s minimum — the first two ARUs per lot are exempt from City of Barrie DCs, and the city has run a DC deferral pilot offering a further payment-timing option. Confirm the current status with Barrie’s development charges team.
The County of Simcoe levy — approximately $15,000–$17,000 — is separate from municipal DCs and its treatment of ARUs depends on the County’s own DC bylaw, which is updated periodically. This is the most significant charge that may still apply after the municipal DC exemption.
Development charges, when they do apply, are due at building permit issuance — before construction begins. Budget for them as an upfront cost in your project planning. They are not paid at the end of construction.
Urban Lots vs. Rural Lots —
Two Different Frameworks
This is the distinction that trips up more Simcoe County homeowners than any other. The Bill 23 as-of-right three-unit framework applies specifically to serviced urban lots. Rural properties — on private well and septic — are governed by a different section of the Planning Act.
Full Bill 23 As-of-Right Framework Applies
Different Planning Act Section Applies
The practical implication for Simcoe County homeowners: If your property is in Barrie, Collingwood, Wasaga Beach, Midland, or another municipality’s serviced area — you’re likely on urban residential land and the full Bill 23 framework applies. If you’re in rural Oro-Medonte, Springwater, or Tiny Township on a private well and septic — a different (municipality-specific) framework applies and the septic question dominates the project before zoning rules even matter. See the septic guide for rural lots →
Bill 23 in Simcoe County —
Two Changes That Directly Affect You
Beyond the general as-of-right framework, Bill 23 made two changes that directly affect how Simcoe County homeowners and municipalities interact with the provincial planning system.
| Municipality | Serviced lots | ARU status | Notes |
|---|---|---|---|
| Barrie | Municipal W+S | Up to 4 units | Exceeds Bill 23 min — confirm currentDADU registration auto since 2024 |
| Collingwood | Municipal W+S | As-of-right | $10K local grant available |
| Wasaga Beach | Municipal W+S | As-of-right | Road Occupation Permit requiredUnique municipal requirement |
| Midland | Municipal W+S | As-of-right | Pre-consultation recommended |
| Springwater (Elmvale) | Serviced area | ARU bylaw amended | Check restrictive covenants |
| Springwater (rural) | Private well/septic | Rural framework | Bylaw updated — confirm current |
| Oro-Medonte | Almost all rural | Rural framework | Bylaw review — confirm current |
| Tiny Township | Mixed | ARU permitted (2023) | Rural lots: septic assessment first |
| Penetanguishene | Municipal W+S | ARU permitted | Pre-consultation recommended |
| Tay Township | Mainly rural | ARU approved 2023 | Long-term rental focus |
The County of Simcoe Planning Change
Bill 23 made a structural change to planning governance in Simcoe County that often goes unnoticed: the County of Simcoe was removed from the Planning Act approval process for lower-tier official plans and official plan amendments.
Before Bill 23, when a lower-tier municipality in Simcoe County (Barrie, Collingwood, Midland, etc.) adopted or amended its Official Plan, the County was the approval authority. Bill 23 changed this — the Minister of Municipal Affairs and Housing now fills that role instead. The County’s planning approval function for lower-tier OPs was effectively eliminated.
For most homeowners planning a garden suite, this change operates in the background and doesn’t affect day-to-day permit applications. But it matters for understanding the planning context — the County of Simcoe no longer acts as a planning filter between the province and the individual municipalities. Local planning decisions in Barrie, Collingwood, and other municipalities are now more directly accountable to the province.
What this doesn’t change: the County of Simcoe still imposes its own development charge levy on new residential units, still administers the Secondary Suites forgivable loan program, and still plays a role in housing policy coordination across the region. It’s the formal planning approval function that was removed, not the County’s entire role. See the County overview →
Five Common Misconceptions About
Ontario’s Garden Suite Rules
Bill 23 generated a wave of headlines about “building whatever you want in your backyard.” Most of that coverage missed important nuances. Here is what the law actually says versus what many homeowners believe.
“I can build a garden suite anywhere on my property now”
Bill 23 means no rules apply — I just build wherever makes sense and the municipality has to approve it.
As-of-right is permission for the use — not exemption from dimensional rules
The municipality cannot deny the garden suite as a use, but it can and does enforce setback requirements, maximum height limits, and lot coverage rules. A garden suite that violates these dimensional standards will be refused a building permit — as-of-right or not. You still need to design the suite to fit within the setbacks and within the available footprint.
“Bill 23 eliminated all development charges for garden suites”
Development charges are gone — I don’t have to budget anything for DCs when I build a garden suite.
Municipal DCs are exempt — County and education charges may still apply
Bill 23 exempts municipal development charges for the 2nd and 3rd units. The County of Simcoe levy (~$15K–$17K) and education development charges are separate layers with their own rules. In some Simcoe County municipalities, these remaining charges can be meaningful. Confirm the complete DC picture — all three layers — with your municipality before setting your budget.
“Bill 23 applies to my rural property on a private well and septic”
I live in Oro-Medonte on five acres. Bill 23 says I can build a garden suite as-of-right, so I’m covered.
Rural lots are on a different framework — the septic question comes first
The Bill 23 as-of-right three-unit framework applies to “parcels of urban residential land” — defined as properties served by both municipal sewer and water. A rural lot on a private septic system does not qualify under this definition. A different Planning Act section requires municipalities to permit ARUs on rural lots, but the specific as-of-right DC exemptions and parking restrictions work differently. And before zoning even matters, the septic system must support the additional unit.
“Since it’s as-of-right, I don’t need a building permit”
As-of-right means the planning approval is automatic — I can start building once I know zoning permits it.
As-of-right eliminates the rezoning step — not the building permit requirement
A building permit is always required for a garden suite, regardless of as-of-right status. Bill 23 removed the need for a zoning amendment application — it did not remove the need for a building permit. All Ontario Building Code requirements apply in full. The permit process — with its document requirements, inspections, and occupancy certificate — is unchanged. No building permit = illegal structure. See the full permit guide →
“My neighbours can’t stop it now that Bill 23 is in place”
Third parties can no longer appeal anything related to my garden suite — I can build without worrying about neighbour opposition.
Third-party appeals of zoning provisions are gone — that’s a narrower protection than it sounds
Bill 23 eliminated third-party OLT appeals of official plan or zoning bylaw provisions that permit the three-unit framework. This protects the framework itself from being appealed away. But neighbours can still complain about bylaw violations, raise concerns about building permit applications, and use other channels. More practically: a garden suite that meets all setbacks and dimensional standards does not require neighbour approval. Good design and clear communication with neighbours still matters for living harmoniously on the same street.
What the Streamlined Process
Actually Looks Like Now
Here is how the garden suite process works on a serviced urban lot in Simcoe County after Bill 23 — and what has changed from the pre-2022 process.
Lot Feasibility Check
Confirm your property is on municipal water and sewer (urban framework), check the current ARU rules in your specific municipality’s bylaw, and assess whether your lot can physically accommodate a garden suite within setbacks with fire access. Lot guide →
Design the Suite
Work with a BCIN-registered designer to produce permit-ready drawings that comply with your municipality’s setbacks, height limits, and coverage rules — and with all Ontario Building Code requirements including fire access, SB-12 energy compliance, and the new MVDS for HRV systems.
Submit for Building Permit — Directly
Because of as-of-right permission, you submit your complete building permit application directly to the building department — no rezoning application, no public meeting, no Committee of Adjustment step. Expect 6–12 weeks for review of a complete submission. Permit guide →
Build and Occupy
Construction proceeds under the issued permit with required inspections. Final inspection and occupancy certificate confirm the unit is legally fit for habitation. In Barrie, registration is automatic upon passing final inspection. The unit can then be legally occupied and legally rented.
What Bill 23 removed from this process: the zoning amendment application (typically 3–6 months and thousands of dollars in professional fees), the rezoning public meeting, the potential for OLT appeal of zoning decisions by third parties, and the site plan control review. For a homeowner on a serviced urban lot, this removes 3–8 months of process and significant cost from the project timeline. The building permit process and OBC compliance requirements are unchanged. See the full project timeline →
Ready to Put Bill 23’s Rules to Work on Your Simcoe County Property?
We build across Barrie, Collingwood, Wasaga Beach, Midland, and the broader Simcoe County area — on serviced urban lots and rural properties. We know which framework applies to your specific lot and how to navigate from lot assessment to occupancy. Start with a $399 + HST feasibility report — a written go/no-go on your exact lot in 48 hours, credited toward your build.
Know Before You Spend a Dollar —
The $399 + HST Feasibility Report
A written, property-specific answer researched by a licensed Ontario builder — not a sales call. Delivered within 48 hours. Here is exactly what you get:
- Zoning & setback check for your specific lot — with the bylaw sections cited
- Servicing & septic capacity assessment (the #1 rural deal-breaker)
- Site, equipment access & conservation-overlay review
- Realistic all-in budget and the funding your project qualifies for
- A clear GO / NO-GO verdict, in writing
- Your next three steps, in order